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MEANING OF CERTAIN PHRASES
Travel Agreement– an agreement by which a Travel Organizer is obligated to secure minimum two services consisting of transportation, accommodation and/or other travel services that are being combined and are provided in the period exceeding 24 hours or they include at least one overnight stay (package arrangement) for the Traveller and Traveller is obligated obligates itself to pay to the Travel Organizer one total (package) price.
Mediation Agreement – an agreement by which Ekupi d.o.o. is obligated as an intermediary to enter into an Agreement, on behalf of the Traveller, whether it regards some Travel Agreement or Agreement on fulfilment of one or more special services that enable accomplishment of a trip or staying and the Traveller is obliged to pay a fee for such service.
Travel Organizer - EKUPI d.o.o. for trade, services and travel agency
Travel Organizer as the Intermediary – EKUPI d.o.o. for trade, services and travel agency when acts as intermediary in selling of Package arrangements or other services prepared by some other travel agency.
Travel Contractor - any person that concludes the Travel Agreement/Mediation Agreement with the Travel Organizer/ Travel Organizer that act as an intermediary, regardless of who the Traveller is.
The Traveller -a person that personally travels regardless if that person is at the same time a Travel Contractor.
Travel Program – any published promo material for package arrangement which refers to a specific Package arrangement and/or Service/s that also describes a Travel Plan in detail and as such represents a general offer from the Travel Organizer/ Travel Organizer that act as an intermediary. By signing the Agreement the Travel Program becomes a consisting part of the Agreement, unless in the same Agreement is stated otherwise.
Individual travel program - a package arrangement or another Service custom-made upon request of Travel Contractor.
Voucher – a written document issued in the name of one person or a specific group of travellers which contains non-transferable person’s rights to Service/s that are set forth in the Voucher or an order to a Service Provider to enable and provide service/s to the person/s in whose name this document has been issued.
GENERAL CONDITIONS
These General Conditions are a consisting part of the Travel Agreement/Mediation Agreement by which mutual relations between the Travel Organizer/Travel Organizer that act as an intermediary and the Traveller/Travel Contractor.
These General Conditions obligate both the Travel Organizer/Travel Organizer that acts as an intermediary and the Traveller/Travel Contractor.
If EKUPI d.o.o. act as the Travel Organizer that act as an intermediary in selling of trips/services that are organized by other persons – travel agencies, such trips/services shall be specially marked and they are submitted to the General Conditions of the responsible Travel Organizer. If EKUPI d.o.o. act as the Travel Organizer that act as an intermediary the Travel Agreement shall be considered as the Travel Confirmation in terms of Law on Obligatory Relations. EKUPI d.o.o. is not held responsible for travel/services implementations of other travel organizers when acting as a Travel Organizer that act as an intermediary.
By signing the Travel Agreement or the voucher or the Travel Confirmation or the Consent to charge the credit card, the Travel Contractor/the Traveller fully accept these General Conditions, the Travel Program and the Special Travel Conditions if there are some.
In the case that regulations of the Travel Agreement, the Travel Program, The Individual Travel Program or General Conditions are defining conditions, rights and obligations differently, towards the Travel Contractor/Traveller and the Travel Organizer/Travel Organizer that acts as an intermediary, first shall be applied the provisions of the Agreement, then the provisions of Travel program, then the provisions of The Individual Travel Program and at the end the General Conditions.
By signing the Travel Agreement, the Travel Contractor/Traveller confirms that before concluding the Travel Agreement, the Travel Organizer/Travel Organizer that acts as an intermediary enabled appropriate information regarding general border, visa and health formalities regarding travelling and staying at the chosen destination as well as regarding necessary time to fulfil such formalities, and that the Travel Package Insurance has been presented to the Traveller.
Person under 14 can travel abroad only accompanied by a parent or some other legal representative or with their consent accompanied by some other person; such consent has to be verified by a Public Notary, Diplomatic Mission or Consular Office.
By signing the Travel Agreement, the Travel Contractor – the parent of the minor – Traveller confirms that the other parent is familiar and agrees with the Agreement.
When the Travel Contractor is not a Traveller, the Traveller gains own and direct right towards the Travel Organizer/Travel Organizer that acts as an intermediary to request and the Travel Organizer/Travel Organizer that acts as an intermediary is obliged to fulfil what has been contracted by Travel Contractor in behalf of the Traveller.
The Travel Contractor/Traveller guarantees and is held responsible for truthfulness and accuracy of all information that was given to the Travel Organizer/Travel Organizer that acts as an intermediary. When the Travel Contractor is not a Traveller, the Travel Contractor guarantees that for the purpose of realisation of contracted trip/service the Traveller gave him/her authorisation to give personal information and to accept all the legal obligations coming out of the Agreement and positive legislation.
The Travel Agreement/Mediation Agreement produces legal effects:
by signing the Agreement in written or in electronic form from both sides and
by paying total contracted price to the Travel Organizer/Travel Organizer that acts as an intermediary until agreed date or if agreed by paying a portion of the payment and submission of the traveller documentation that insures indisputably the payment of the remaining amount until agreed date.
RESERVATIONS AND PAYMENTS
Reservations and payments of services are performed online on The Travel Organizer’s Internet page- www.travel.ekupi.eu or in the office of the Travel Organizer/Travel Organizer that acts as an intermediary.
To confirm the reservation the Travel Contractor/Traveller is obliged to fill all obligatory information regarding travellers, to read and to confirm these General Conditions and the General Conditions for providing of chosen service if the same applies to a specific reservation, to pay 30% of the travel arrangement price – if the Agreement or the Travel program does not state otherwise and to pay the remaining cost or to ensure the documentation for indisputable payment of the remaining difference no later than 21 day before the beginning of the trip.
If the Travel Contractor/Traveller does not execute payment obligation for the remaining difference no later than 21 days before the beginning of the trip, the reservation is no longer valid and it is considered that the Travel Contractor/Traveller has given up from the reservation therefore the Travel Organizer/Travel Organizer that acts as an intermediary maintains the right to keep the paid amount for the trip.
The Travel Contractor/Traveller is obliged to pay total amount for reservation of airline tickets and travel insurances.
Payment options of the Travel Organizer/Travel Organizer that acts as an intermediary are: company giro account - paying-in slip and Internet banking; debit cards – Maestro; one – time payment credit cards - Visa, MasterCard, American Express, Diners credit card; credit cards for instalment payments in 12 rates: American Express and Diners credit cards, Visa and MasterCard credit cards issued by Zagrebačka banka.
COSTS
Service prices on the Travel Organizer/Travel Organizer that acts as an intermediary’s web site are specified in HRK (VAT included), unless some specific service is exempted from VAT due to the Law on Value Added Tax. If prices are specified in a foreign currency, method of calculation for payment in HRK is specified with the price. All the prices are valid from the day of release of the Travel Program on the web site and/or in the brochures issued by the Travel Organizer/Travel Organizer that acts as an intermediary.
Prices of package arrangements, services of accommodation and other services published on the Travel Organizer’s web site are based on the Agreement signed by the Travel Organizer and third parties/other service providers, so they do not need to comply with the prices published at the Traveller’s destination during his/hers arrangement, therefore objection on potential differences in prices will not be accepted.
The Travel Organizer/Travel Organizer that acts as an intermediary reserves the right to increase the price for contracted services not later than 21 day before the beginning of the trip due to occurred changes that impacted a price increase and happened after the conclusion of the Agreement and the Travel Organizer/Travel Organizer that acts as an intermediary was not familiar with them, neither they could have been foreseen before conclusion of the Agreement (e.g. changes in foreign exchange rate, cost of transportation including fuel costs, increase of fee for certain services in airports, other ports and alike).
The arrangement price will be increased reciprocally to the increase of prices for calculative elements on the base on which the price is formed, if not stated otherwise in these General Conditions or Travel Program.
Regarding the price increase the Travel Organizer/Travel Organizer that acts as an intermediary shall notify the Traveller in writing without any delay.
The Traveller is obligated to accept the increase of the agreed price up to 10%.
If there is an increase in the price that is larger than 10%, the Traveller is entitled to terminate the Agreement but still obligated to inform the Travel Organizer/Travel Organizer that acts as an intermediary in writing within 2 working days from the received notification regarding price increase. In that case the Traveller has the right on refund of paid in price without the right to compensation.
If the Traveller does not deliver his cancellation to the Travel Organizer/Travel Organizer that acts as an intermediary in written form within stated time period, it will be assumed that he/she agrees with the price change.
AIRLINE TICKET PRICES
Prices for airline tickets are specified at the first page of Search Results, they are stated per person and they include the airline ticket price, airport taxes and the amount of discount for one-time payment, but they DO NOT INCLUDE Ticket Service Charge (TSC) – fee that EKUPI d.o.o. as a mediator charge for issuing the ticket.
If your request include different categories of passengers (adults, children, babies, etc.), and they have different discounts on the basic ticket price, mentioned price is an average price per person.
By clicking the link „Price calculation“ a window will pop out with detailed price elaboration per person.
The final price for airline ticket is shown on the 3rd step of the reservation process after traveller chooses a desired method of payment.
TRAVELLER’S OBLIGATIONS
Traveller, Traveller´s documentation and luggage has to meet all requiring conditions determined by the service provider and conditioned by the boarder, custom, health, monetary and other regulations of the country of domicile, destination and transfer country.
A Traveller must possess valid travel documentation. In case of stolen or lost personal travel documentation during the trip, Traveller bears all the cost. If some country of destination requires visa, the Travel Organizer/Travel Organizer that acts as an intermediary can mediate in visa obtaining by charging the fee for such service, on Traveller’s request, when that is possible,. The Travel Organizer/Travel Organizer that acts as an intermediary does not guarantee the obtainment of visas.
A Traveller has to notify the Travel Organizer/Travel Organizer that acts as an intermediary on time regarding all the facts concerning his/hers habits, health etc. that might endanger the trip (e.g. some health and other reasons requesting a specific diet, or if a traveller has some chronic illness).
Some travel destinations request mandatory vaccinations and the acquisition of pertinent documentation. The Traveller shall be obliged to execute on his/hers cost mandatory vaccinations as well as be in possession of confirmation and documents thereof.
The Travel Organizer/Travel Organizer that acts as an intermediary cannot be held responsible if some public officer denies to the Traveller transportation or forbids entering the state as a result of noncompliance with regulations specified in these General Conditions. If the Traveller cannot continue his/hers journey due to the lack of conformity to regulations, he/she solely bears all incurred costs and consequences of the same with no right on compensation from the Travel Organizer/Travel Organizer that acts as an intermediary.
If requested by the Travel Organizer/Travel Organizer that acts as an intermediary the Traveller shall provide all essential data and documents necessary to organise a trip, especially for airline tickets and accommodation reservation.
The Traveller is obliged to comply with rules of conduct in catering and hotel facilities, as well as in transportation and to cooperate with the representative of the travel organization and service providers in good faith.
In the event of non-compliance of the stated obligations, the Traveller is responsible for the incurred damage and the amount of damage shall be settled by the Traveller on the scene.
The Traveller is obliged to comply with rules of personal conduct and safety during the trip as any average person. The Travel Organizer/Travel Organizer that acts as an intermediary shall not be held responsible for traveller’s behaviour as it is Traveller’s own responsibility.
The Travel Organizer/Travel Organizer that acts as an intermediary shall not be held responsible for damaged, stolen or lost luggage or any valuable items in the hotel or during the transportation. The Traveller should report any loss/damage to the transport company or at the reception of the hotel or to any other service provider.
Travel documentation (voucher, information regarding time and place of departure, destination or changes in transportation, time and place of arrival, phone number or some other asset of communication with the Travel Organizer/Travel Organizer that acts as an intermediary; in the case when a minor is travelling a direct contact with him or with the person held responsible for him and other information) shall be available to the Traveller on the user's profile web site or in the office of the Travel Organizer/Travel Organizer that acts as an intermediary. In the event of some late changes regarding trip details, travel documentation will be sent to the Traveller on his/hers valid E-mail address given by the Traveller, with a prior phone notification regarding the same. If the Traveller due to some technical difficulties was unable to receive the notification or the same hasn’t been sent to the Traveller due to some technical difficulties, it is the Traveller’s obligation to notify the Travel Organizer/Travel Organizer that acts as an intermediary no later than 8 days before the departure.
The Traveller bears all the costs that occurred due travel documentation that was not overtaken on time.
The Traveller is obliged to present to the representative of the Travel Organizer/service provider a Voucher or a proof that the arrangement price has been settled in total before the beginning of the trip/service. Otherwise the Traveller cannot start his/hers trip or use services unless both sides agreed differently.
LAST MINUTE ARRANGEMENTS
If the Travel Contractor/Traveller has concluded the Travel Agreement as the “last minute” (trip organised at the last moment) or the Agreement by which the Traveller gets the information regarding the name of the accommodation facility or location of the accommodation facility at the destination (actions named: Fortuna, As, Jocker, Rulet, no name hotel etc.), the Traveller accepts all risks of such trip. Trip that has been named as mentioned above, consist of uncertain facts that cannot be influenced by the Travel Organizer/Travel Organizer that acts as an intermediary, but the Traveller has accepted them due to favourable trip price. The Traveller waves his/her right to object and to claim damages on such basis.
For the confirmation of the Last minute arrangement reservation, therefore "Fortuna System" arrangement, the Traveller has to pay at once the total price of the arrangement or to secure undisputed payment of the entire amount. In the case of termination of such arrangement by the Traveller, the Travel Organizer has the right to maintain the total price of the arrangement.
CATEGORIZATION AND SERVICE DESCRIPTION
Accommodation facilities that are published on the web sites and in programs issued by the Travel Organizer/Travel Organizer that acts as an intermediary are described according to the official categorization of specific country at the moment of publishing/issue of the program or the Offer. Accommodation, food, comfort and other services are supervised by the local and governmental touristic facilities, and accommodation and service standards are different and incomparable.
Determination and description of services and facilities is regulated in the Program issued by the Travel Organizer/Travel Organizer that acts as an intermediary, while all the other oral or written information that differ from the Program shall not be considered as a criterion for determination of Organizer’s responsibilities.
Accommodation schedule is determined by the Reception of the accommodation facility at the destination. If the Travel Contractor/Traveller has not specifically agreed the accommodation unit (room, apartment, cabin and similar) with special qualities, it is his/hers duty to accept official registered accommodation unit within the specific accommodation facility.
The right to enter the accommodation unit is between 4 and 8 pm, and the same has to be left until 10 am on the day when specific service ends, if for individual accommodation facility is not specified differently in the Program.
In the case of late or earlier departure/arrival from/in accommodation unit, the Travel Organizer/Travel Organizer that acts as an intermediary shall try to ensure adequate room for luggage storage but he cannot guarantee fulfilment of such request. In the case of Traveller’s request notified in advance (for example: comfort, room orientation, floor and similar), the Travel Organizer/Travel Organizer that acts as an intermediary shall try to please such request, but cannot guarantee fulfilment of the same.
COMPLAINT
The Traveller has the right to place a written complaint due to unfulfilled or default fulfilling of particular service to the person who is due to perform such service as soon as possible and to the Travel Organizer/Travel Organizer that acts as an intermediary no later than 8 days after the particular trip has ended. The Travel Organizer/Travel Organizer that acts as an intermediary is not obliged to consider complaints stated after mentioned dead line.
It is in the best interest of the Traveller to submit the complaint to Travel Organizer/service provider on site, in order to solve, if possible, the complaint during the trip.
If the Traveller during the trip submits the complaint, he/she is obliged to cooperate in good faith with the representative of the Travel Organizer/Travel Organizer, in order to eliminate all causes of complaint already at the destination. If the Traveller does not accept offered solution that is corresponding to agreed service regarding quality and type, the Travel Organizer/Travel Organizer that acts as an intermediary has no obligation to take into the consideration complaint from the Traveller regarding the same issue.
If even after a filed complaint the service has not been provided as it was agreed, the Traveller is obliged to ask for a written confirmation that he/she has reported complaint on site. This written confirmation has to be submitted with a written complaint to the Travel Organizer/Travel Organizer that acts as an intermediary not later than 8 days after the trip has ended. Complaint submitted without a written confirmation shall not be taken into consideration by the Travel Organizer/Travel Organizer that acts as an intermediary.
The Traveller is obliged to explain the complaint allegations as well as to present adequate evidence.
The Travel Organizer/Travel Organizer that acts as an intermediary is obliged to deliver to the Traveller response on the complaint within 30 days after the receipt of the complaint. The Traveller waives the right to initiate any action regarding complaint until the Travel Organizer/Travel Organizer that acts as an intermediary sends the response regarding the complaint.
The Travel Organizer/Travel Organizer that acts as an intermediary shall not take into consideration any group complaints.
The maximum indemnity per complaint cannot be higher than the amount regarding certain service that is filed in the complaint.
TRAVELLER REPLACEMENT
If the Traveller has been prevented from taking the trip, he/she can appoint another person to use contracted services if that person meets specific requirements for specific trip upon and notifies about that in timely manner the Travel Organizer/Travel Organizer that acts as an intermediary. The Travel Organizer/Travel Organizer that acts as an intermediary shall take into consideration the request, conditions and circumstances as well as the possibilities and shall give maximum effort to please such request. The Travel Organizer/Travel Organizer that acts as an intermediary will not be held responsible for any damage that might occur if mentioned request could not be met.
Replaced and a new Traveller are jointly and severally liable for payment of the price and costs that have occurred due to replacement and those costs have to be settled to the Travel Organizer/Travel Organizer that acts as an intermediary before the beginning of the trip.
The Travel Organizer/Travel Organizer that acts as an intermediary holds the right not to accept the replacement of the Traveller if the destination/the state refuses replacing of the Traveller or if it is impossible to change the reservation.
When cancelling the airline ticket reservation replacement of the Traveller is not possible due to valid regulations regarding airline tickets which are non-transferable.
THE TRAVEL ORGANIZER/TRAVEL ORGANIZER AS AN INTERMEDIARY
The Travel Organizer/Travel Organizer that acts as an intermediary is obligated to offer services that are provided by the Agreement regarding the content and characteristics as well as to take care of the rights and interests of Travellers according to the valid business manners.
The Travel Organizer/Travel Organizer that acts as an intermediary is obligated to take care about providing of the services, as well as about the choice of service providers with the care of a good businessman.
The Travel Organizer/Travel Organizer that acts as an intermediary is held responsible for the damage that has been done to the Traveller by un-fulfilment, partial fulfilment or careless fulfilment of the obligations to the amount of the price for agreed package-arrangement.
The Travel Organizer/Travel Organizer that acts as an intermediary is not held responsible for any possible printing errors in promotional materials or for the errors that occurred during entering data on web site owned by the Travel Organizer/Travel Organizer that acts as an intermediary. All data that differs from reasonable and custom ones, the Traveller is obliged to verify with the Travel Organizer/Travel Organizer that acts as an intermediary.
The information contained in marketing materials oblige the Travel Organizer/Travel Organizer that acts as an intermediary and can be changed only based on the special written agreement with the Traveller mentioned in the Travel Agreement or if the Traveller has been notified regarding changes before signing the Contract, and in that case such possibility has to be set forth in the promotion materials.
THE TRAVEL ORGANIZER/TRAVEL ORGANIZER AS AN INTERMEDIARY RIGHT TO TERMINATE THE CONTRACT
The Travel Organizer/Travel Organizer that acts as an intermediary has the right on unilateral termination of the Agreement in whole or in part in the following cases:
if within contractual deadlines the price of agreed arrangement is not paid in total or in parts by the documentation that ensures undisputed charges of remaining portion of the price. In that case the Travel Contractor/Traveller is not entitled to damages and any eventual charges regarding visa, insurance, vaccination and similar costs, and is committed to settle all agreed fees as he/she has cancelled the trip. The Travel Organizer/Travel Organizer that acts as an intermediary reserves the right to retain the amount paid in advance for the trip.
if before or during the fulfilment of the contract some special circumstances occurred that cannot be prevented, avoided or eliminated, and if they had occurred at the time of the signing of the Travel Agreement/Mediation Agreement, it would be a justified cause for the Travel Organizer/Travel Organizer that acts as an intermediary not to sign the Agreement. In such case the Travel Contractor/Traveller is entitled to return of fully paid amount or the price difference between the contracted and performed services, but is not entitled to any damages and any eventual charges regarding visa, insurance, vaccination and any similar costs.
if for the organisation of the trip there is a required minimum number of travellers and the reported number is insufficient and if on such situation the Traveller has been notified within appropriate deadline which cannot be shorter than five days before the date of departure.
The Travel Organizer that acts as an intermediary reserves the right to cancel the trip, at least 5 days prior to departure, if the trip has been cancelled by the travel agency for which the Travel Organizer that acts as an intermediary acts as the mediator in sales.
MODIFICATION OF THE CONTRACT
If the Travel Organizer/Travel Organizer that acts as an intermediary makes some significant changes in the Agreement (program, accommodation, price), before the beginning of the trip, the Traveller has to be notified in writing without delay and can be offered to conclude this changed Travel Agreement. The Travel Contractor/Traveller can within 2 working days of received notice regarding changes to the Agreement, accept or reject changed Travel Contract.
When The Traveller accepts changed Travel Agreement, alternative arrangement is considered as a new Travel Agreement and the Traveller waives all claims against the Travel Organizer/Travel Organizer that acts as an intermediary from any legal basis that comes out of the original Agreement, except the right to refund a part of the price, if an alternate arrangement has a lower price.
When the Travel Contractor/Traveller rejects offered changes it is up to the Traveller to terminate the Agreement without any obligation to pay damages or costs to the Travel Organizer/Travel Organizer that acts as an intermediary or can use another appropriate arrangement for the same price if the Travel Organizer/Travel Organizer that acts as an intermediary offers such, without any extra cost if the price is higher, but with the refund of the price difference if the price is lower. If the Traveller terminates the Agreement the Travel Organizer/Travel Organizer that acts as an intermediary commits to refund paid amount of the price and to indemnify up to a maximum amount of half already paid price.
The Travel Organizer/Travel Organizer that acts as an intermediary disclaims any responsibility in case when services are modified or not carried out due to circumstances beyond its control (war, riots, strikes, terrorist actions, sanitary problems, natural disasters, intervention of local authorities and similar). The Traveller is not entitled to compensate the damage in the case of such change in the Agreement. If possible the Travel Organizer/Travel Organizer that acts as an intermediary shall provide services in changed form, depending on existing circumstances.
The Travel Organizer/Travel Organizer that acts as an intermediary shall not be held responsible for delay of transportation, neither for any unplanned changes of the program and costs that might occur due to such delay.
The Travel Organizer/Travel Organizer that acts as an intermediary reserves the right to change the date or the time of the departure due to change in the flight schedule or the onset of unanticipated circumstances, as well as the right to change the route in case of a change in travel conditions , such as: the changed flight schedule, safety conditions in a country, weather conditions that cannot be influenced by the Travel Organizer/Travel Organizer that acts as an intermediary; without paying out the damages, according to the current regulations in the national and international traffic.
If the circumstances at the destination are such that they unable accommodation of the Traveller in reserved object/facility, the Travel Organizer/Travel Organizer that acts as an intermediary shall accommodate the Traveller in another facility of equal or higher category.
If the Travel Organizer after the journey has already started has not provided number of contracted services or, if the Travel Organizer considers that some contracted services are not possible to provide, the Travel Organizer is entitled to make changes of the trip program at its own cost and to compensate to the Traveller the price difference between contracted and actual services rendered, after the trip has ended, if such difference exists for the benefit of the Traveller.
With the written consent from the Traveller, the Travel Organizer/Travel Organizer that acts as an intermediary can replace unfulfilled part of the service with different service, but in this case the Traveller waives the right to claim damages from the Travel Organizer/Travel Organizer that acts as an intermediary for such mutually agreed and changed part of the trip in respect to signed Travel Agreement.
If it is not possible to change the trip program on the appropriate way or, if the Traveller rejects made changes due to justified reasons, the Travel Organizer/Travel Organizer that acts as an intermediary shall at its own cost enable the Traveller to return to the place of departure or to another location, if the Traveller gave his/hers consent and shall compensate possible damage that the Traveller has suffered. The compensation can amount the portion of the cost of the unused part of the agreed program and must be based on the Traveller’s complaint. The Travel Organizer/Travel Organizer that acts as an intermediary shall solve the complaint on the manner described in these General Conditions. The highest compensation amount cannot be higher than the price of the agreed program/arrangement.
THE TRAVELLER’S RIGHT TO TERMINATE THE CONTRACT
The Travel Contractor/Traveller can in writing completely or partially terminate the Travel Agreement at any time.
The Travel Organizer/Travel Organizer that acts as an intermediary has defined in the promotional material and/or on the website specified method of calculating fee that the Travel Contractor/Traveller is required to pay in case of termination of Travel Contract and it depends on the time of Travel Contract cancellation.
If the actual costs or the proportion of fixed costs are actually higher than the ones specified in the promotional material and/or on the web site of Travel Organizer/Travel Organizer that acts as an intermediary, it is the right of the Travel Organiser’s/Travel Organizer that acts as an intermediary’s to charge the expenses incurred in reality.
When terminating the travel arrangement the Travel Contractor/Traveller is not entitled to compensation of any costs of visa, insurance, vaccination and similar costs.
If the Traveller terminates the trip after the trip has already started, the Organizer/Travel Organizer that acts as an intermediary is entitled to a compensation in the amount of total price (100%) and the Traveller is not entitled to any compensation of costs that occurred due to premature return to the departure point.
In case of trip termination that consists of plane and/or boat transportation, repayment terms of the funds are defined by the terms and conditions of the airline/boat company and the Traveller is in advance introduced with those terms when signing the Travel Agreement.
Due to customer rights it is considered that services specified in the Travel Agreement are in the category of accommodation service providing not intended for habitation and service providing related to leisure time because the specific service is agreed to be provided on a certain date or in a certain period therefore when termination of Travel Agreement occurs the relevant provisions are those from these General Conditions, terms from General Conditions provided by the Travel Organizer in which regulated termination fees are determined if the Traveller is the one who terminates the trip or Termination conditions published in the Travel Program.
By signing the Agreement the Travel Contractor/Traveller confirms that he/she is familiar with all relevant information stated in these General Conditions and that he/she overtakes the obligation to fully repay the calculated fee regardless of the amount that has already been paid to the Travel Organizer/Travel Organizer that acts as an intermediary till the moment of the Contract termination.
If the Travel Contractor/Traveller terminates the arrangement the Travel Organizer/Travel Organizer that acts as an intermediary retains the following amount from the total arrangement price (if not defined differently in the Travel Program):
European travel, accommodation, holidays, skiing
Exotic destinations, foreign language courses
Cruises
Mentioned fees also apply on changed date of departure and accommodation facility or other type of accommodation units and all other significant changes, unless stated differently in the Travel Program.
If the Traveller was unable to start the trip and he/she appointed another person to use contracted services and the Travel Organizer/ Travel Organizer that acts as an intermediary has accepted the requested replacement under conditions in Point 8 of these General Conditions, the Traveller shall be burden for the cost caused by the appointment of his/hers replacement and with additional 100 HRK.
If the Traveller has not paid the remaining difference up to the total amount of the arrangement, 21 days before the travel departure, it will be considered that the Travel Contractor/Traveller has cancelled the reservation and the Travel Organizer/ Travel Organizer that acts as an intermediary holds the right to keep the amount paid in advance for the trip.
INSURANCES
By signing the Agreement the Travel Contractor/Traveller confirms that he/she has been offered a travel insurance package which is comprised of: voluntary health insurance during their stay abroad, accident insurance, luggage insurance and travel termination insurance. Stated insurances can be contracted directly with one of the insurers or with the Travel Organizer where the Travel Organizer acts solely as an intermediary.
INSURANCE IN THE EVENT OF PAYMENT INCAPABILITY OR BANKRUPCY OF THE TRAVEL ORGANIZER
According to the law on providing services in tourism in case of insolvency or bankruptcy of the Travel Organizer, the Traveller caught by that while travelling, as well as persons who had paid down payments for a travel should contact the Insurer of the Travel Organizer EUROHERC OSIGURANJE d.d., OIB: 22694857747, headquarters in Zagreb, Ulica grada Vukovara 282, Policy No. 802222554. In case of necessity to activate insurance bail to collect debts, Travellers are required to present the travel arrangement contract or some other form of business cooperation contract signed with the Travel Organizer as well as original payment evidence of the payment in favour of the Travel Organizer.
LIABILITY INSURANCE
According to the law on providing services in tourism, the Travel Organizer has concluded with the insurance company EUROHERC OSIGURANJE d.d., headquarters in Zagreb, Ulica grada Vukovara 282, a Liability Insurance Contract for damages caused to a Traveller by failure to meet obligations or by partially or inconsistently meeting obligations, Policy No. 802222555. By signing the Agreement the Traveller confirms that he/she is familiar with the content of the aforementioned Insurance Contract.
PROTECTION OF PERSONAL DATA
By signing the Agreement the Travel Contractor/Traveller voluntarily renders personal data to the Travel Organizer/Travel Organizer that acts as an intermediary and allows usage of the same in order to protect the interests of the Travel Contractor/Traveller for the realisation process of contracted trip/service, which includes forwarding this information to third parties in the country and abroad as they are necessary for trip/service realisation and forwarding the information to Insurers if the Travel Contractor/Traveller signs the Contract for chosen insurances with the Travel Organizer that acts as an intermediary. Such personal information can be used for the purpose of further mutual communication and for the information about the marketing events of the Travel Organizer. The Travel Organizer/Travel Organizer that acts as an intermediary is obliged to store personal data in a database, in accordance with the Decision of the Travel Organizer/Travel Organizer that acts as an intermediary concerning methods of collection, processing and protecting personal data and the Confidentiality Statement published on the eKupi web site.
FINAL PROVISIONS
Should any provision of these General Condition be established as null, it shall have no effect on other remaining provisions and these General Conditions shall remain valid provided that the contracting parties replace the invalid provision by a valid one that will fair and largely enable accomplishment of the target that was about to be achieved by the provision established as null.
These General Conditions exclude all current General Conditions and are an integral part of the Travel Agreement that was signed between the Travel Contractor/Traveller and the Travel Organizer/Travel Organizer that acts as an intermediary.
Croatian version of these General conditions shall prevail in case of any doubt. Both parties agree that all eventual disputable situations shall be settled by agreement. In the contrary, in the event of a dispute the legally amenable court is the Court of Zagreb, where Croatian legislation shall be used, in accordance with the headquarters of the Travel Organizer/Travel Organizer that acts as an intermediary.
Zagreb 15th of August 2014
EKUPI d.o.o., za trgovinu, usluge i turistička agencija, Buzinski prilaz 10, 10 010 Zagreb
ID kod: HR-AB-01-080738498, MB: 080738498, OIB: 67567085531, www.ekupi.hr, travel@ekupi.hr
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